NAC445B.310. Environmental evaluation: Applicable sources and other subjects; exemption.  


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  •      1. An applicant for an operating permit, a revision to an operating permit or a request for a change of location, which is not subject to the provisions of 40 C.F.R. § 52.21, as adopted by reference in NAC 445B.221, must submit with the application an environmental evaluation for:

         (a) A new stationary source which emits, or has the potential to emit, greater than 25 tons of a regulated air pollutant per year;

         (b) A modification to an existing stationary source that meets the following criteria:

              (1) The existing stationary source has the potential to emit greater than 25 tons of a regulated air pollutant per year; and

              (2) The proposed modification has the potential to emit greater than 10 tons of a regulated air pollutant per year;

         (c) The approval of a plantwide applicability limitation or the approval to allow a plantwide applicability limitation to expire and not be renewed; or

         (d) Upon written notice from the Director, any other source or combination of sources.

         2. An owner or operator of a Class II source may request an exemption from the requirement to submit an environmental evaluation with the application. Within 30 days after receipt of a written request for an exemption, the Director shall grant or deny the request and notify the owner or operator in writing of his or her determination. If such an exemption is granted, the Director shall perform the environmental evaluation.

     [Environmental Comm’n, Air Quality Reg. § 13.3, eff. 11-7-75; A 12-15-77; renumbered as § 13.2, 8-28-79; § 13.3.1, eff. 11-7-75; A 12-15-77; renumbered as § 3.2.1, 8-28-79; § 13.3.2, eff. 11-7-75; A 12-15-77; renumbered as § 13.2.2, 8-28-79; § 13.3.3, eff. 11-7-75; renumbered as § 13.2.3, 8-28-79]—(NAC A 9-19-90; R 12-13-93, eff. 11-15-94; A 10-30-95; R105-97, 3-5-98; R125-04, 9-24-2004; R096-05, 10-31-2005; R139-06, 9-18-2006)